Getters v. State

ON appellant’s motion for rehearing

WOODLEY, Judge.

The motion for rehearing is predicated upon the contention that marihuana seed is not commonly used for smoking, and is to be excluded in determining whether the amount of marihuana found was sufficient under Pelham v. State, 164 Tex. Cr. R. 226, 298 S.W. 2d 171.

If we agreed with this, then to sustain appellant’s position we would be required to further hold that the state was under the burden of proving that the marihuana seed was not sterilized but was viable and would germinate, if planted.

The writer dissented in Pelham v. State and the…